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2024 Supreme(Online)(MP) 10089
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 12 OF APRIL, 2024 MISC. APPEAL No. 6075 of 2023 BETWEEN:- CHOLAMANDALAM MS GENERAL INSURANCE CO LTD THROUGH LAW OFFICER BRANCH BILASPUR DISTRICT BILASPUR CHHATTISHGARH AND R/O 1133/ 1 PAWAN COMPLEX OPPOSITE HATHITAL GURUDWARA HATITAL DISTRICT JABALPUR (MADHYA PRADESH)
.....PETITIONER (SHRI TEJVINDER SINGH LAMBA, LEARNED COUNSEL FOR THE APPELLANT)
AND
1. SMT NIRASHA W/O LATE GULAB SINGH GAUD, AGED ABOUT 44 YEARS, R/O VILALGE BHELMA POST BEED TAHSIL AND POLICE STATION JAITHARI DISTRICT ANUPPUR (MADHYA PRADESH)
2. RAVINDRA KUMAR S/O LATE GULAB SINGH GAUD, AGED ABOUT 21 YEARS, R/O VILLAGE BHELMA POST BEED TAHSIL AND PS JAITHARI DISTRICT ANUPPUR (MADHYA PRADESH)
3. AJAY S/O LATE GULAB SINGH GAUD, AGED ABOUT 19 YEARS, R/O VILLAGE BHELMA POST BEED TAHSIL AND PS JAITHARI DISTRICT ANUPPUR (MADHYA PRADESH)
4. BUDDHU YADAV S/O SHANKER YADAV, AGED ABOUT 27 YEARS, R/O VILLAGE KHODRI TAHSIL AND PS JAITHARI DISTRICT ANUPPUR (MADHYA PRADESH)
5. VINIT TIWARI S/O RAGHUNANDAN PRASAD TIWARI R/O VILLAGE VENKATNAGAR CHOWKI VENKATNAGAR PS JAITHARI DISTRICT ANUPPUR (MADHYA PRADESH)
6. SILOCHANA SINGH W/O LATE DAMODAR SINGH, AGED ABOUT 23 YEARS, R/O VILLAGE KHOH DISTRICT SHAHDOL (MADHYA PRADESH)
.....RESPONDENTS (SHRI KRISHNA KUMAR BASSI, LEARNED COUNSEL FOR THE RESPONDENT [R-3 )
This appeal coming on for admission this day, the court passed the following:
Tejvinder Singh Lamba,
ORDER
With the consent of the parties, heard finally at motion stage.
2. Appellant has filed the present appeal under Section 173(1) of the Motor Vehicle Act, 1988 against the award dated 06.07.2023 passed by Member, MACT, Anuppur in MACC No.04/2021 seeking reduction of compensation amount.
3. Learned counsel for the appellant submits that deceased being bachelor 1 1/2 should have been deducted for personal and living expenses. Respondents No.2 and 3 being brothers of deceased and cannot be treated to be dependent of deceased. Further, in view of age of the deceased (21 years), 40 % should be added as future prospects. Further, Tribunal has awarded consortium to all the respondents and only mother of the deceased shall be entitled to receive consortium. Further, tribunal has added 10% towards consortium and loss of estate and funeral expenses. Whereas in view of judgment of National Insurance Company Ltd. Vs. Pranay Sethi 2017 SCC Online 1270 only after three years, 10 % is to be given under the conventional heads. Learned counsel for the appellant submits that Tribunal has also imposed penal interest at the rate of 9%, if compensation amount is not deposited within two months.
awarded just and proper compensation to the respondent and no interference is required in the findings of the Tribunal and the appeal filed by the appellant be dismissed.
5. I have heard learned counsel for the parties and perused the record of the case.
6. In the instant case, deceased was bachelor at the time of the accident, which is clear from the findings recorded by the Claims Tribunal. Therefore, in view of judgment passed by Apex Court in the case of Sarla Verma Vs. Delhi Transportation AIR 2009 SUPREME COURT 3104, 1/2 is to be deducted for personal and living expenses. Further, in view of age of the deceased as determined by the Tribunal in para 39 of the impugned award, 40 % is to be added for future prospects. Further, only mother of the deceased is entitled to receive consortium.
7 Further, findings recorded by the Tribunal in sub para 3 of para 62 of impugned award with respect to imposition of penalty is set-aside.
8. In the instant case, accident occurred on 15.11.2018, therefore, appellant No.1 is entitled to receive Rs.40,000/- as consortium and Rs.15,000/- for loss of funeral expenses.
8. In view of above, compensation is recalculated as under:- 9 (ACHAL KUMAR PALIWAL)
JUDGE
